July 20, 2017Comments Off on Attorney Fees and Costs: Frivolous actions expose party and counsel to costs and fees

Under MCL 600.2591(1), if a court finds that a civil action or defense to a civil action was frivolous, the court that conducts the civil action shall award to the prevailing party the costs and fees incurred by that party in connection with the civil action by assessing the costs and fees against the nonprevailing party and their attorney.

July 20, 2017Comments Off on Criminal Law: Inconsistent verdicts are permissible except when charges are mutually exclusive

As a general rule, juries are permitted to reach inconsistent verdicts and appellate courts may not interfere with their judgments; however, when two verdicts are mutually exclusive — a guilty verdict on one count excludes a finding of guilt on another — the jury has committed an error subject to correction.

July 17, 2017Comments Off on MSC denies leave after $21M jury verdict overturned

The Michigan Supreme Court denied leave to appeal for a Court of Appeals order that voided a $21 million jury verdict for the family of a woman who died after she mistakenly received brain surgery instead of a jaw procedure.